Care Home Seeks 9th Circuit Reversal In Row Over PREP Act Preemption In COVID Suit

Mealey's (October 28, 2022, 10:39 AM EDT) -- SAN FRANCISCO — A nursing home filed its opening brief with the Ninth Circuit U.S. Court of Appeals, seeking reversal of a district court’s remand to state court a COVID-19 death suit filed against the nursing home, asserting that tort law claims related to measures used to prevent the spread of COVID-19 are completely preempted by the Public Readiness and Emergency Preparedness (PREP) Act....